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Did You Know ...
From the Office of the Alameda County District Attorney
Nancy E. O'Malley, District Attorney
March, 2010

In This Issue
What's New
Consumer Alerts
From the Courtroom
Q & A
Quick Links
Point of View
Criminal Docket Finder

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District Attorney's Office Creates New Unit

The Alameda County District Attorney's office announces the creation of the newly established Community Offender Management Unit.  Headed by Senior Deputy District Attorney Jon Goodfellow, the unit will serve as the liaison with local law enforcement, probation, parole and the County's re-entry committee.  The unit will also address the significant and critical changes in the law for those offenders who are currently in prison as well as those on probation and/or parole.  The California Department of Corrections and Rehabilitation (CDCR) has been ordered to reduce its prison population by as many as 30,000 inmates.  The new law, which took effect recently, will release many state prisoners on what is being referred to as "summary parole."  Those released on "summary parole" will NOT be supervised; they will not report to a parole officer, and they cannot be violated as there is technically no parole to violate.  Those on "summary parole" will have search and seizure conditions only.  These individuals will be the responsibility of the local jurisdictions.  Once the DA is notified of a prisoner release, the Community Offender Management Unit will assist in the coordination of efforts to ensure that the released individual is properly supervised and integrated back into his community. 

 What's New
An Active Week in Superior Court
The week of February 8, 2010, was a busy one in the courtrooms of Alameda County.  During that one week, juries in five separate murder and attempted murder trials reached guilty verdicts.  "The victims and the families of the victims of these heinous crimes were able to see justice done this week.  We are all gratified that the men and women serving as jurors in these five cases fulfilled their civic duty and rendered just verdicts," says Ms. O'Malley.   This was an important week for Justice with five significant verdicts being returned.  These defendants committed serious, violent crimes that have hurt not only the victims and the family members of those victims who were murdered, but has impacted society as a whole.  "Crime does not pay in Alameda County.  I am proud of the unyielding commitment of the hard working prosecutors to victims, to protecting our communities and to their professionalism and excellence in presenting the evidence to the juries," she added.
Certified Public Accountant Enters Plea in $3,000,000 Ponzi Scheme
On February 19, 2010, Maynard Weldon Moreland, a Certified Public Accountant with a practice in Livermore, CA, was convicted of 34 felony crimes stemming from a massive fraud and embezzlement prosecution.   The crimes include 21 charges of grand theft, 12 charges of financial elder abuse and 1 felony charge of engaging in a pattern of theft conduct in which more than $500,000 was taken from others.  Moreland pleaded no contest to the crimes charged and was found guilty by the Court.   He confessed his responsibility for defrauding 20 of his clients.

For 20 years, Moreland took money from his clients to invest in real estate ventures, both in California and out-of-state, on behalf of the clients.  Some of the victims took out second loans on their homes to finance the investments that Moreland promoted.  However, he never invested any of the money but instead, took for his own enrichment.  To cover his embezzlement, he paid clients monthly interest payments to maintain their trust.  

Twelve of the victims were 65 years or older at the time of their investments with Moreland.  The total losses suffered by local victims exceeded $3,000,000.  "The defendant lured unsuspecting and trusting clients, many of whom are in the twilight of their lives, with the promise of solid financial investing.  All the while, he has been operating a giant Ponzi scheme that has benefited only him.  His illegal scheme has taken a terrible toll on these victims; the District Attorney's Office will do everything we can to help make these victims whole again by seeking restitution for them and seeing that the defendant is punished" said District Attorney Nancy O'Malley.

Moreland has been in custody since August 2009.  He will remain in custody through his sentencing date of April 14, 2010.
Court Closure Days 2010
The Alameda County Superior Court will be closed the third Wednesday of each month.  The closures, which will be treated as holidays for judicial business purposes, are a result of funding reductions.  Court closures will take place in every county throughout the state. 
 The following dates are planned court closures:

March 17, 2010
April 21, 2010
May 19, 2010
June 16, 2010
 
No court business will be conducted on these dates.  This includes both jury service and traffic court.   The Superior Court's web site has additional information regarding the closures: 
www.alameda.courts.ca.gov
 Consumer Alerts
Alameda County District Attorney Combats Fraud and Unscrupulous Dealings in the 20 Billion Dollar Dietary Supplement Market
The Alameda County District Attorney's Office is protecting consumers from dangerous and ineffective diet supplements.  As part of a ten county task force that regulates and investigates the over the counter healthcare supplement market in California, the Alameda County DA's Office investigates the industry for false, unsubstantiated or misleading advertising, labeling violations and unapproved drug claims.  American consumers spend over 20 billion dollars a year on dietary supplements, herbs, minerals and multi-vitamins. California is the largest state market for these over the counter supplements.
Read More ...
 From the Courtroom
Verdicts

February 2010 Felony Verdicts

  • On February 8, 2010, Jesse Mendez was found guilty by a jury of the attempted murder of a police officer.  The jury also found that he was an ex-felon in possession of a firearm,  that he fired a gun from a motor vehicle, and that he personally used that firearm in the commission of the crimes.  The victim of the shooting was Oakland Police Officer Kevin McDonald.  On May 19, 2007, Officer McDonald stopped Mendez for a traffic violation on MacArthur Boulevard near 77th Avenue.  As Officer McDonald approached the car, Mendez shot him twice, striking him in the chest.  His ballistic vest stopped the bullet from entering his body.  He was also struck in the hand.  Mendez shot at Officer McDonald twice more before fleeing.  The prosecutor was Deputy District Attorney Autry James.

  • On February 8, 2010, a jury found Cornelius Walker guilty of attempted murder, assault with a deadly weapon and criminal threats.  Walker made threats against Charanjit Kumar on June 11, 2009, while Kumar was working in a convenience store in Alameda.  One week later, Walker confronted Kumar on the street and a fight broke out.  Walker then stabbed Kumar five times in the stomach.  The prosecutor was DDA Sharon Carney.

  • On February 10, 2010, a jury found Enrique Davalos guilty of two counts of attempted murder and two counts of assault with a deadly weapon.  The jury also found that the defendant used a deadly or dangerous weapon and that he inflicted great bodily injury.  On November 15, 2008, Davalos attacked two men, Carlos Humberto Guajardo and Marcel Honeycutt at the MacArthus BART Station in Oakland.  Davalos had a razor blade during each attacks which happened minutes apart. In each attack, Davalos attacked the victims from behind and slit their throats with the razor blade.  The prosecutor was DDA Armando Pastran.

  • On February 10, 2010, a jury found Maurice Nails guilty of murder in the first degee.  The jury also found that Nails with the personally used a firearm.  On December 30, 2007, Nails shot and killed Robert Henry Benjamin, Jr. outside of Geoffrey's Nightclub on 14th St. in Oakland.  Nails faces a possible sentence of 50 years to life in State Prison when he is sentenced on April 16, 2010.  The Prosecutor was Senior DDA Jim Meehan.

  • On February 10, 2010, a jury found Dwayne Stancill guilty of murder in the second degree.  The jury also found Stancill personally used a firearm.  At 8:00 p.m., on October 13, 2007, Stancill shot and killed a 17-year-old high school football player outside of a party in East Oakland.  Stancill faces a possible sentence of 40 years to life in state prison when he is sentenced on April 9, 2010.  The Prosecutor was DDA Den Beltramo.  

 Q & A
"My daughter bought a dietary supplement from an internet website. I am worried that it might be dangerous to her health. Is there a website that can help me research this?

You are correct to be concerned. A consumer using the Internet for research should be looking for government or nonprofit websites that are not trying to sell a product with their reviews. Here are the links for the relevant FDA and California Department of Public Health websites.  http://www.fda.gov/Food/DietarySupplements/default.htm and  http://www.dhs.ca.gov/fdb/

Do you have a question for the District Attorney's Office?
The District Attorney's Office receives many calls and e-mails from the public asking a wide variety of questions.  Each month, we will print one of these questions along with the answer.  We hope that many readers will find the information useful.

Please feel free to
e-mail a question of your own that you would like to see answered here.

 Until Next Issue...
We hope you found this newsletter informative.  Please visit our web site at alcoda.org for updated news items as well as more detailed information regarding the District Attorney's Office. 
Nancy E. O'Malley
Alameda County District Attorney